Penal Code, 1860–Secs. 302 & 457–Conviction–Sustainability–Circumstantial evidence–Circumstance of theft of mobile of deceased–No effort was made by accused to take away the ornaments of deceased–Ornaments were much more valuable than the mobile instrument–Sale deed Ex. P/97 is clearly a fabrication done at the instance of the IO to somehow or the other to crack the case–Certificate u/s. 65B of the Evidence Act was also not procured to prove the call details of accused–Recovery is also not reliable–Appellant is entitled to be acquitted.
